5:57 PM, June 3, 2014

Wayne County Commissioner Burton Leland. / Associated Press

Detroit Free Press Staff Writer

A federal judge says there’s not enough evidence to kick Wayne County Commissioner Burton Leland off the ballot, despite an opponents’ claim that Leland is lying about his residency.

U.S. District Judge Arthur Tarnow today ruled that Leland could stay on the ballot after hearing testimony that Leland spends 60% of the time at his Detroit townhouse, and the other 40% of his time traveling or at his East Lansing home. The testimony came from Leland himself.

Tarnow, however, expressed some concern about the amount of time Leland said he lives in Detroit.

“While 60% is a landslide in an election, in this kind of case, not so much,” Tarnow said, adding “If it turns out that there’s more evidence against him, there is a remedy for removal from office.”

Leland is facing a political and legal challenge from opponent Monique Baker McCormick, who claims that Leland’s true full-time home is in East Lansing – not Detroit – and that he should be kicked off the ballot for concealing his true residency.

Leland says McCormick is a sore loser – noting she’s unsuccessfully tried to get him off the ballot before – and that she’s playing dirty politics.

“It was a very phony issue from the start,” Leland said. “This is just unfortunate that she is costing the taxpayers lots of money to get me off the ballot. It’s a waste of time and it’s a waste of money.”

Leland also defended his Detroit residency.

“I have a legitimate right to be on the ballot because I live in the district,” Leland said, adding it’s not illegal to own two homes. “This is America. You can own more than one home. And you are free to travel.”

McCormick’s lawyer, Donna Posey, was not available for comment after the ruling. During a court recess today, Posey said that she is in the process of seeking more information—such as utility records -- to prove that Leland lives full-time in East Lansing – not Detroit. At this point, she said, she just wanted the judge to recognize and acknowledge that something looked fishy with Leland’s residency status.

McCormick filed an objection to Leland’s candidacy in April with the Wayne County Clerk’s office, claiming Leland has admitted in court documents to being a resident of East Lansing, not Detroit. She provided the clerk with documentation showing that in 2011, Leland registered his East Lansing home of more than 20 years with the Ingham County Register as his legal domicile.

Leland, however, also owns a townhouse in a gated community on Bentler Street on Detroit’s west side. Leland listed the Detroit address when he filed an affidavit of identity in January ahead of re-election.

Under Michigan election law, political candidates must reside in the district for 30 days prior to seeking office, and live there for as long as they remain in office.

A violation of the residency requirement could result in removal from office and charges of perjury, punishable by up to 5 years in prison if convicted.